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HomeMy WebLinkAboutNC0025496_NOV2021LV0377_20210520ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director Certified Mail # 7019 1120 0000 8361 1510 Return Receipt Requested Richard Haynes, City Manager City of Lincolnton PO Box 617 Lincolnton, NC 28093-0617 NORTH CAROLINA Environmental Quality May 20, 2021 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2021-LV-0377 Permit No. NC0025496 Lincolnton WWTP Lincoln County Dear Mr. Haynes: A review of the March 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 3/27/2021 45 56.7 Weekly Average Exceeded Concentration (C0310) 001 Effluent Solids, Total Suspended - 3/27/2021 45 138.86 Weekly Average Exceeded Concentration (C0530) 001 Effluent Solids, Total Suspended - 3/31/2021 30 37.59 Monthly Average Exceeded Concentration (C0530) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. North Carolina Department of Environmental Quality Division of Water Resources Mooresville Regional Office [ 6t0 East Center Avenue. Suhe 301 I MnoresvIlk, North Carolina 25115 704,663.1699 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Ori Tuvia of the Mooresville Regional Office at 704-663-1699. Sincerely, DocuSigned by: 4014e4V H -F161FB69A2D84A3... for W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File D_E North Carolina Department of Environmental Quaky I Division of water Resources Mooresville Regional ice l 6l0 East Center Avenue. Suite 301 I Mooresvilk, North CarolEna $8115 704.663.1699